MINUTES CITY OF NORTH LAS VEGAS PLANNING COMMISSION

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1 Nelson Stone, Chairman Marilyn Kirkpatrick Dean Leavitt Laura E. Perkins MINUTES CITY OF NORTH LAS VEGAS PLANNING COMMISSION 2200 Civic Center Drive North Las Vegas, NV (702) (702) Tom Langford, Vice Chairman Anita Wood Harry Shull April 11, 2001 CALL TO ORDER: ROLL CALL: STAFF PRESENT: PLEDGE OF ALLEGIANCE: ANNOUNCEMENTS: Council Chambers, North Las Vegas City Hall 2200 Civic Center Drive, at 7:00 p.m. Dean Leavitt - Present Anita Wood - Present Tom Langford - Present Nelson Stone - Present Harry Shull - Present Laura Perkins - Present Marilyn Kirkpatrick - Present Steve Baxter, Planning Manager Bob Hoyes, Associate Planner Chris Melendrez, Associate Planner Lenny Badger, Public Works Madeleine Jabbour, Transportation Services Steven DiGiovanni, Fire Department Jim Lewis, Deputy City Attorney Ted Karant, Recording Secretary Commissioner Harry Shull Verification of compliance with NRS 241, Open Meeting Law. Recording Secretary Karant verified that the Open Meeting Law requirements (NRS 241) had been met. The North Las Vegas Conference Room and Council Chambers are accessible to handicapped persons. A certified sign language interpreter is available upon advance request. PLANNING COMMISSION MINUTES 04/11/01 1

2 MINUTES Approval of the minutes for the Planning Commission meeting of March 28, Approval of the minutes for the 3/28/01 Planning Commission meeting is being continued to the 4/25/01 Planning Commission meeting. Commissioner Laura Perkins MOVED and Commissioner Anita Wood SECONDED to APPROVE the 4/11/01 Agenda. The motion carried by UNANIMOUS vote. CONSENT AGENDA A) PW (4067) NORTH MEADOWS UNIT 4 Advise the Director of Public Works to notify Gulf Insurance Company to release the Subdivision Bond in the amount of $319, B) PW (4068) SILVERWOOD RANCH 6B Accept the off-site improvements for maintenance and advise the Director of Public Works to notify Contractors Bonding and Insurance Company to release the Off-Site Improvement Bond in the amount of $263, C) PW (4069) STOCKTON PRODUCTS Accept the Commercial Developments Off-Site Improvements Agreement by Stockton Products and accept the Performance Bond in the amount of $102, D) PW (4070) NORTHPORT BUSINESS CENTER Accept the off-site improvements for maintenance and advise the Director of Public Works to notify the City of North Las Vegas Finance Department to release the Cash-in-lieu of Bond Deposit in the amount of $136, E) PW (4074) STARWOOD UNIT 1 Accept the off-site improvements for maintenance and advise the Director of Public Works to notify Developers Insurance Company to release the Performance Bond in the amount of $610, PLANNING COMMISSION MINUTES 04/11/01 2

3 F) PW (4076) STARWOOD UNIT 1 Reinstate the Subdivision Bond in the amount of $173, by Celebrate Homes I, LLC. G) PW (4099) LONE MOUNTAIN/SIMMONS COMMERCIAL CENTER Approve the Final Map submitted by Lone Mountain/Simmons LLC. Vice-Chairman Tom Lagford MOVED and Commissioner Dean Leavitt SECONDED to APPROVE Consent Agenda items B, C, D, and G. The motion carried by UNANIMOUS vote. Vice-Chairman Tom Langford MOVED and Commissioner Marilyn Kirkpatrick SECONDED to APPROVE Consent Agenda items A, E, and F, with Commissioner Harry Shull abstaining due to a conflict of interest. The motion carried by MAJORITY vote. PLANNING COMMISSION MINUTES 04/11/01 3

4 NEW BUSINESS 1) UN (1361) CAR TITLE LOAN (Public Hearing) An application submitted by Bijan Mirzasafi on behalf of Jacob Chic Hecht, property owner, for an annual review of a use permit in a RA/CR Redevelopment-Area/Commercial/Retail Subdistrict for a financial institution. The property is located at 2510 East Lake Mead Boulevard. The Assessor s Parcel Number is RECOMMENDATION: The Development Services Department recommends that UN be approved subject to the following conditions and forwarded to the Redevelopment Agency for final consideration. 1. Standard conditions number 10, 11 and Landscaping must be provided as originally required, subject to review and approval by staff. 3. The parking area in the rear of the building shall be opened for customer or employee parking. 4. All materials in the back of the building shall be removed. 5. All signage shall be in compliance with the Redevelopment Area design standards. 6. No bands of color, or other type of color combinations shall be permitted on the building face. The color must be in compliance with the Redevelopment Area design standards. 7. All conditions shall be met and approved for compliance by the Redevelopment staff and Development Services staff prior to applying for a business license. The application was presented by Chris Melendrez, Associate Planner, who stated staff is recommending denial of this item as the applicant has failed to comply with conditions of approval that were associated with the original approval. Those conditions are: 8. Landscaping must be provided as originally required, subject to review and approval by staff. 9. The parking area in the rear of the building shall be opened for customer or employee parking. 10. All materials in the back of the building shall be removed. Mr. Melendrez stated none of these conditions have been met therefore staff is recommending denial. Chairman Nelson Stone called for the applicant to come forward. The applicant was not present. Chairman Stone opened the Public Hearing. No participants came forward. The Public Hearing was closed. Vice-Chairman Tom Langford MOVED and Commissioner Laura Perkins SECONDED to DENY UN per staff s recommendations. PLANNING COMMISSION MINUTES 04/11/01 4

5 The motion carried by UNANIMOUS vote. 2) UN (3861) EL POLLO LOCO (Public Hearing) An application submitted by El Pollo Loco, on behalf of College Park Realty Company, property owner, for a use permit in the R-A/CR Redevelopment Area/Commercial/Retail Subdistrict to allow a convenience food restaurant with a drive-through. The property is located at 2400 E. Lake Mead Boulevard. The Assessor s Parcel Number is RECOMMENDATION: The Development Services Department recommends that UN be approved and forwarded to the Redevelopment Agency for final consideration subject to the following conditions: 1. Standard Conditions 1, 2, 3, 6, 7, 8, 10, 11, 12, 15, 26, and The development shall comply with the Redevelopment Area Design Standards. 3. Any freestanding sign shall be limited to a monument sign with a maximum height of 8 feet. All materials used for the construction of the monument sign shall be compatible with those used in the construction of the primary building. 4. That the trash enclosure be oriented with the metal doors facing north. 5. The owner must provide recorded copies of the ingress/egress easement which allows the shared use of driveways on Lake Mead Boulevard and Civic Center Drive. 6. Fire Department access lanes shall be provided in accordance with the requirements outlined in Ordinance The development shall comply with all Fire Department Codes and Ordinances in effect at the time building plans are submitted for review. The application was presented by Bob Hoyes, Associate Planner, on behalf of staff who indicated Lorenzo Reyes, 1224 E. Katella Avenue, Suite 105, Orange, California appeared on behalf of the applicant who stated he has a problem with condition #1 and #2. He stated El Pollo Loco is probably the only fast food restaurant, in the major downtown area, that based on these conditions will not be allowed to use their standards building design. Mr. Reyes stated in order for El Pollo Loco to prosper at this location, he needs to be readily identifiable and to have some identification and the two issues he is concerned about are the signage and the building elevations. Regarding the signage, he stated he is seeking to have a sign of 28.5 feet high. Mr. Reyes stated the taco stand just north of this property has a forty (40) foot sign. The KFC on the opposite side of the street has a sign in excess of over thirty-five (35) feet high. The Carl s, Jr. has a sign in excess of fifty (50) feet high, the Arby s Restaurant another 50 foot restaurant, going east the McDonald s Restaurant, going east the Burger King, the Citgo, the 7-Eleven. He stated as he went through the approval process with their internal management they looked at what is allowed by code. He stated El Pollo Loco is taking a piece of property that is currently an eyesore and converting it to an attractive business. He stated in order for El Pollo Loco to prosper and be able to compete on an equal level they need to 28.5 feet high sign. Mr. Reyes stated that there are other businesses in the area with signs in excess of the eight (8) foot monument sign staff is proposing. He stated it would be a true hardship for El Pollo Loco Corporation to spend virtually $1,000,000 at this location and not to have adequate signage. He stated this would give every one of the other businesses in the area an unfair advantage. PLANNING COMMISSION MINUTES 04/11/01 5

6 Regarding the design requirements on the building, they include a canvass awning over the windows. He stated that with the extreme temperatures the awnings do not last long and El Pollo Loco Corporation would be diligent in replacing them. He does not believe that canvass will last much beyond 12 to 14 months. He stated the vinyl El Pollo Loco uses is a fiber and vinyl and can be hosed off, with the sheen staying on the material, and he has a problem with this condition as he believes this does not work in commercial settings. With regards to the exterior of the building, he stated the Redevelopment Agency asked for a single color on the building and no more than one band. Mr. Reyes stated he would have no problem changing the color if he were allowed to go with a particular trim (pointing to the overhead display). He asks that they be allowed to maintain some form of corporate identity on the exterior of the building. Chairman Nelsone Stone recognized Councilman Rhodes who was in attendance in the audience. Chairman Stone opened the Public Hearing. No participants came forward. The Public Hearing was closed. Commissioner Harry Shull stated he understands El Pollo Loco s need for logo identity and he does not have a problem with the color bands that the applicant is proposing and he, personally, does not have a problem with the plastic awnings as he agrees with the applicant with regards to the effects of the extreme weather. Commissioner Shull stated this is the City s redevelopment area and this property is in the heart of the City s downdown. He stated the Planning Commission is trying to improve the image of the City and he would like to see a low profile sign. He stated this is a great corner location and believes El Pollo Loco is an excellent company and believes it will do well in the community and he hopes the applicant can live with a small sign. Mr. Reyes stated if he was approved for the 28.5 foot high sign, his sign will be lower than all the signs of neighboring businesses in the area. He feels he is being held to a much higher standard than the other businesses in the area. Commissioner Anita Wood asked staff if the signs of the neighboring businesses, if in fact are over 28.5 feet high, is that due to the fact they were built prior to the redevelopment area being designated and prior to stricter rules of the redevelopment area. Steve Baxter, Planning Manager, replied that is correct. Mr. Hoyes replied that many of those signs are associated with shopping centers and typically a shopping center, under the old requirements, was allowed more signage whether it was height or square footage. Chairman Stone stated the Planning Commission is, in fact, holding El Pollo Loco and all new development in the redevelopment area to a higher standard because that is the desire of the Planning Commission. He concurs with Commissioner Shull stating he has no problem with the color and the canopy, but signs are something the Planning Commission is currently struggling with. He stated that five years ago it would have been different that it is now. He stated all new development is being held to a higher standard in the redevelopment area. Mr. Reyes stated there are no empty lots in the area to allow for development. He stated that this property is next to a self-service car wash and a furniture rental. With regards to shopping center, he stated people are going to shopping centers. They are traffic-generators. He stated if anything, a shopping center needs less sign, not more sign. El Pollo Loco s location is a corner lot. Vice-Chairnan Tom Langford stated he believes El Pollo Loco will draw a great deal of attention at this location and he does not believe a larger sign is necessary. PLANNING COMMISSION MINUTES 04/11/01 6

7 Mr. Reyes stated if he does not gain approval of the sign he is seeking, he may not go forward with this project at this location. Commissioner Wood stated the Planning Commission is looking to improve the area and also is very happy to have El Pollo Loco come into the area. She also stated the Planning Commission is looking for people who are committed to North Las Vegas. She stated if he is unable to make good use of the large amount of signage space on the exterior walls of the building and an eight (8) foot high monument sign that it does not say very much to the applicant s commitment to building at this location or in North Las Vegas and is very sorry about that because she believes there are many people in the City who are excited about El Pollo Loco coming in to town. Mr. Reyes stated the decision to complete this project will not be his and his alone. Commissioner Dean Leavitt stated to the applicant if he does not obtain approval through the Planning Commission, he has the option of appealing the decision to the City Council. Commissioner Laura Perkins stated she agrees with Commissioner Shull regarding the colors of the business, however she believes that a lower sign is appropriate in this area. She stated she believes the property location is in a prime spot and she does not believe a 28 foot high sign is necessary. Ed Bassford, of College Park Realty who owns the property, 5720 S. Arville, Las Vegas, Nevada appeared on behalf of the applicant who asked the Commission of the sign ordinance has changed. Chairman Stone replied that this is the redevelopment area. Mr. Bassford asked Chairman Stone if the sign ordinance for the redevelopment area has changed. Steve Baxter stated the sign ordinance for the redevelopment area has not changed. He stated this is a use permit application and this is one suggested condition of approval for the special use permit. Mr. Bassford asked staff if this standard will be applied to all applicants in the future. Mr. Baxter stated this would set a precedence for lower signage for future applicants. Mr. Bassford asked if the sign ordinance would then be changed for future applicants. Mr. Baxter stated there is going to be a proposal to bring other businesses in line with design guidelines elsewhere in the City and that will be going before the Planning Commission within the next couple of months. He stated there is also some discussion at this time regarding possible amendments to the City s Commercial Sign Design Guideline requirements and believes that will be coming up in the not so distant future. Mr. Bassford stated he believes that El Pollo Loco would be a great asset to North Las Vegas and strongly recommends the Commission approve the signage according to the existing critier to make them competitive. Mr. Reyes asked staff to clarify if the use permit requirement is for the drive-thru or is it for the use itself. Mr. Hoyes stated it is for the use itself, a convenience food restaurant which El Pollo Loco meets the qualifications requiring a special use permit. Mr. Reyes asked staff what type of a project could go in under the existing ordinance without a use permit. PLANNING COMMISSION MINUTES 04/11/01 7

8 Mr. Hoyes replied a restaurant, as defined in the City s ordinance, the convenience food restaurant definition includes a take-out clause regarding carrying food out the door, and typically associated with restaurants the patrons are more inclined to sit down and eat the meal on the premises. He also stated associated with restaurants are servers and there would not necessarily be a walk-up window to order food. Mr. Reyes asked if sixty (60) seats and a service counter would still be considered a convenience? Commissioner Harry Shull MOVED and Vice-Chairman Tom Langford SECONDED to APPROVED UN per staff s recommendations subject to modifications to condition #2: Condition #2 Changed to Read: The development shall comply with the Redevelopment Area Design Standards with the exception of the color bands as presented. The motion carried by UNANIMOUS vote. The Planning Commission recommended to the Redevelopment Agency that the applicant be permitted to use plastic awning material versus canvas, as recommended by staff. PLANNING COMMISSION MINUTES 04/11/01 8

9 Chairman Nelson Stone stated Items #3, 4, and 5 are related and all discussions with staff, the public and the Commission shall apply to all three (3) items. 3) UN (3887) CRAIG SHOPPING CENTER (Public Hearing) An application submitted by All Investments, LLC, on behalf of San Miguel Metropolitan, LTD, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow a convenience store with gas pumps. The property is generally located at the southwest corner of Craig Road and Valley Drive. The Assessor s Parcel Numbers are and RECOMMENDATION: 1. Standard condition numbers 1, 2, 7, 8, 10, 11, 12, 15, 26 and Architectural enhancements shall be provided on the building elevations fronting the street corner. Such enhancements shall be subject to review and approval by staff. 3. Uniform signage shall be required for the entire development. 4. The applicant shall comply with all applicable Building and Fire Department codes and ordinances. 5. That the proposed development shall comply with the Commercial Design Standards including but not limited to providing the required landscaping. The application was presented by Chris Melendrez, Associate Planner, on behalf of staff who indicated the Comprehensive Plan shows this location to be Community Commercial and the zoning is C-1 Neighborhood Commercial. He stated staff is recommending approval subject to five (5) conditions as well as he would like to add an additional condition #6: That the owner must provide recorded copies of the document that allows shared ingress/egress to the driveways on Craig Road and the drive aisles on each parcel. Harold Foster, 3230 Polaris Avenue (no city, state, zip given) appeared on behalf of the applicant who stated this particular site is part of a 5 ½ acres parcel that was zoned C-1 along with the R-1 that was part of this overall parcel rezoned in He stated he concurs with all of staff s conditions. Chairman Nelson Ston opened the Public Hearing. The following participants came forward: < Charles Faulk, 4319 Totano Drive, North Las Vegas, Nevada Mr. Faulk stated he opposes this project. The backside of his property will be facing the gas station and drive throughs. He stated he understands that a C-1 is part of the Master Plan of the City. He stated a 40-foot water line was recently placed down Valley Drive. He also has concerns regarding the installation of gas tanks in the ground and leakage problems. Mr. Faulk stated he is concerned about the convenience store and gas station being open 24-hours a day. < Perry Thompson, 4315 Totano Drive, North Las Vegas, Nevada Mr. Thompson stated he is concerned about the safety of gas tanks. He stated this project does not contribute to the well being of the neighborhood or the community. PLANNING COMMISSION MINUTES 04/11/01 9

10 < Mary Goodin, 4307 Totano Drive, North Las Vegas, Nevada Mrs. Goodin stated she is concerned that the use permit does not specify what type of gas station, restaurant and car wash are being proposed. She is also concerned about increased traffic and construction noise. Chairman Stone closed the Public Hearing and called for the applicant to come forward to respond to the comments made by the public. Mr. Foster stated the convenience store, gas station and car wash will be open 24 hours a day and the restaurant probably will not be open 24 hours a day as well as the lube and smog facility will be daytime uses. He stated the car wash is an automated facility which is quiet. He stated, with regards to the concern about the gas tanks leaking, he stated this facility will have the more sophistacated-type tanks installed with detectors on them so there is very little chance there will be any leakage and contamination of the property in the area. With regards to traffic concerns, he stated there is already a great deal of traffic which is normal to this area. He stated he is in concurance with staff s recommendations regarding landscaping. Mr. Farmanelli (owner) stated he believes these are appropriate uses and seeks the approval of the Planning Commission. Commissioner Marilyn Kirkpatrick stated when the other businesses in the area first opened, she believes the residents were excited because there was nothing out there, but a dirt road with no traffic lights. She stated that now, within one mile, there are five (5) gas stations, three (3) minute lubes and, she believes, on Craig Road one of the minute lubes has been closed down due to the fact there was not enough business. She believes this is a good project, but for another location and not this one. Commissioner Harry Shull stated he believes these types of commercial projects are good for the community as they help increase property values. Chairman Stone asked Lenny Badger, of Public Works, how many streets in North Las Vegas have water lines in them. Lenny Badger, of Public Works, stated virtually every street has them. Chairman Stone asked Steve DiGiovanni of the Fire Department if the Fire Department has a problem with gas stations and underground tanks. Steve DeGiovanni replied the Fire Department does not have a problem with those things. Chairman Stone asked if it is true that there is new criteria for underground tanks with respect to the EPA, referring to leaks of older tanks and he believes there are environmental level studies that address that for new sites. Mr. DiGiovanni stated that is part of the reason there is the requirement for applicants to go through the state fire marshall. In order to maintain a level of safety, the regulation on hazardous materials such as gasoline/fuel dispensing stations has risen to meet that challenge. He stated that currently this would be regulated by the City, the County and the State as far as the installation and continuing inspection of the underground storage tanks. PLANNING COMMISSION MINUTES 04/11/01 10

11 Vice-Chairman Tom Langford stated he has learned from the time he has served on the Planning Commission that most developers seem to have less of a problem if the developer had addressed the neighborhood with what they want to do by confronting them and explaining to the residents what the developer is trying to do and see if the residents have some input to work out a smooth transition. He asked the applicant if he met with or attempted to meet with the residents which will be directly around this property. Mr. Foster replied that he did not meet with or attempt to meet with the residents. Commissioner Anita Wood stated she lives in this area and asked the applicant if his client owns the retail area that is along the southern boundary of the project and if so does he ever intend to build that retail. Mr. Foster stated his client owns that parcel and does intend to build that retail space. Mr. Farmanelli stated build-out will be done in phases, but he does intend to build out the entire project eventually. Commissioner Wood asked the owner if he intends to put the use permits in soon and retail to follow. Mr. Farmanelli replied yes. Commissioner Wood stated her personal feeling on this is this is a typical use permit in a C-1, however this is a unique area and he is trying to do something typical, and that does not work. She stated this is the only parcel along all of Craig Road that is surrounded on all three (3) sides by residential. Typically on the north side of Craig Road she believes it is C-2. She stated he is wanting to bring in some very high intensity use permits on a small parcel that is basically, other than Craig Road, landlocked by residential, and he is doing so to bring in uses that are simply duplicating uses that are currently in the neighborhood. She believes this business is too much for this neighborhood and does not believe this is necessary. Mr. Farmanelli stated he is providing necessary services to the neighborhood. He also does not believe another business use can go in this location. He stated this property has been siting since 1991 and will sit for another 10 years because no one is going to develop this property the way the Commission is stating it should be developed. Chairman Stone reminded the Commission that there are three (3) items here that are related: Item #3 is just the convenience store and gas pumps, Item #4 is the convenience food restaurant/drive through, and Item #5 is the car wash, smog check and lube facility, therefore he stated the current discussion shall focus on Item #3, but there shall be separate motions for each different item. Commissioner Dean Leavitt asked the applicant if he has a timeline regarding the build-out being done in phases. Mr. Farmanelli stated that phase 1 is the fast food, convenience store and car wash within twelve (12) months. The next twelve months the estimate is to develop the remainder of the property. Commissioner Laura Perkins stated she agrees with Commissioner Kirkpatrick as she does not believe another convenience store this close to other convenience stores is necessary. PLANNING COMMISSION MINUTES 04/11/01 11

12 Commissioner Harry Shull MOVED and Chairman Nelson Stone SECONDED to APPROVE UN per staff s recommendations. The MOTION TO APPROVE failed. Commissioner Marilyn Kirkpatrick MOVED and Commissioner Anita Wood SECONDED to DENY UN as it is not necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The motion carried by UNANIMOUS vote. PLANNING COMMISSION MINUTES 04/11/01 12

13 Chairman Nelson Stone stated Items #3, 4, and 5 are related and all discussions with staff, the public and the Commission shall apply to all three (3) items. 4) UN (3888) CRAIG SHOPPING CENTER (Public Hearing) An application submitted by All investments, LLC, on behalf of San Miguel Metropolitan, LTC, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow a convenience food restaurant with drive-through. The property is generally located at the southwest corner of Craig Road and Valley Drive. The Assessor s Parcel Numbers are and The application was presented by Chris Melendrez, Associate Planner, on behalf of staff who indicated staff is recommending approval subject to conditions. Harold Foster, 3230 Polaris Avenue, Las Vegas, Nevada appeared on behalf of the applicant who stated his comments on this item are reflected in Item #3. Chairman Nelson Stone opened the Public Hearing. He stated that all the public comments from Item #3 shall apply to this item, as well as these items are related. The Public Hearing was closed. Commissioner Marilyn Kirkpatrick MOVED and Commissioner Anita Wood SECONDED to DENY UN as this particular proposal is not necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or community. The motion carried by MAJORITY vote with Chairman Nelson Stone and Commissioner Laura Perkins voting against the motion. PLANNING COMMISSION MINUTES 04/11/01 13

14 Chairman Nelson Stone stated Items #3, 4, and 5 are related and all discussions with staff, the public and the Commission shall apply to all three (3) items. 5) UN (3886) CRAIG SHOPPING CENTER (Public Hearing) An application submitted by All Investments, LLC, on behalf of San Miguel Metropolitan, LTC, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow an automobile washing establishment and an automobile service facility that would include a smog check facility and a quick lube facility. The property is generally located at the southwest corner of Craig Road and Valley Drive. The Assessor s Parcel Numbers are and The application was presented by Chris Melendrez, Associate Planner, on behalf of staff who indicated staff is recommending approval subject to conditions. Harold Foster, 3230 Polaris Avenue, Las Vegas, Nevada appeared on behalf of the applicant who stated his comments on this item are reflected in Item #3. Chairman Nelson Stone opened the Public Hearing. He stated that all the public comments from Item #3 shall apply to this item, as well as these items are related. The Public Hearing was closed. Commissioner Anita Wood stated she does not have a problem with the smog check and lube facility, however she does not think it should be along Valley and would be better suited to be more to the interior of the project. Bob Hoyes, Associate Planner, stated short of designing this project at the podium, staff would recommend to continue this item to allow the applicant to bring back a design reflecting the Commission s concerns. Chairman Nelson Stone asked the applicant if he would consider a continuance as staff has recommended so that the applicant may address the concerns of the Planning Commission. Mr. Farmanelli stated that he does not wish to continue the item and would prefer a motion. Commissioner Anita Wood MOVED and Commissioner Marilyn Kirkpatrick SECONDED to DENY UN-24-01as it does not provide a necessary or desirable use for the well being and could be detrimental to the persons living in the area. The motion carried by MAJORITY vote with Chairman Nelson Stone voting against the motion. PLANNING COMMISSION MINUTES 04/11/01 14

15 6) UN (3896) RIGLERS DIESEL SERVICE (Public Hearing) An application submitted by Riglers Diesel Service on behalf of Carlos R. Raylor, property owner, for a use permit in an M-2 General Industrial District to allow a truck repair facility. The property is located at 1114 George Avenue. The Assessor s Parcel Number is The application was presented by Chris Melendrez, Associate Planner, on behalf of staff who indicated staff is recommending approval of this item subject to conditions including a condition for a masonry screen wall. Clark Bingham, 1313 Sattes, Las Vegas, Nevada appeared on behalf of the applicant. Phillip Rigler, 4509 Santa Monica Avenue, North Las Vegas, Nevada also appeared on behalf of the applicant. Mr. Bingham stated he concurs with all of staff s recommendations with the exception of condition #4 regarding the block wall. He stated this property was acquired back in 1987 and there was nothing out there at that time. He stated that it would be a financial hardship for him to comply with condition #4 at this time. Chairman Nelson Stone opened the Public Hearing. No participants came forward. The Public Hearing was closed. Commissioner Anita Wood stated there are many inoperable vehicles along Gowan in the rear of the property and asked the applicant if those are from a previous usage. Mr. Bingham replied that those belong to a tenant he is in the process of evicting. Commissioner Wood stated she does not recall the Commission approving any king of chain link fence in that area since the Commission has gone to requiring block walls. Mr. Hoyes confirmed she was correct. Commissioner Wood stated this project has the roll-up doors which are east of the building. She asked what type of work will be conducted there as the current request is for open screening where the existing chain link fence is which is behind where the roll-up doors are located and if there are going to be uses that should be screened does the wall need to be moved forward and block the roll-up doors. Mr. Bingham stated this building was originally purchased in 1987 and used as a diesel repair shop and that is what it will continue to be. Commissioner Harry Shull asked staff if the vehicles that are stored there now were out of there would a block wall still be required. Mr. Melendrez stated a block wall would still be required. Commissioner Harry Shull MOVED and Commissioner Anita Wood SECONDED to APPROVE UN-25-01per staff s recommendations. The motion carried by UNANIMOUS vote. PLANNING COMMISSION MINUTES 04/11/01 15

16 7) UN (3909) LOSEE MINI MART (Public Hearing) An application submitted by Thomas J. DellaValle on behalf of Losee, LLC, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow a drive-through automobile washing establishment. The property is located at 300 W. Lake Mead Boulevard. The Assessor s Parcel Numbers are and RECOMMENDATION: The Development Services Department recommends that UN be continued indefinitely to allow the applicant time to redesign the subject site, in accordance with all applicable City Codes and Ordinances. If the applicant is unable or unwilling to continue this item, the Development Services Department recommends that UN be denied because the site s design is not consistent with regulations and conditions specified in the Zoning Ordinance for such use. Prior to the Planning Commission meeting, the applicant requested the item be continued to 5/9/01. Commissioner Laura Perkins MOVED and Commissioner Anita Wood SECONDED to CONTINUE UN per applicant s request to the 5/9/01 Planning Commission meeting. The motion carried by UNANIMOUS vote. The item was CONTINUED to 4/25/01. PLANNING COMMISSION MINUTES 04/11/01 16

17 8) UN (3910) LOSEE MINI MART (Public Hearing) An application submitted by Thomas J. DellaValle on behalf of Losee, LLC, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow an automobile service facility (smog certification facility). The property is located at 300 W. Lake Mead Boulevard. The Assessor s Parcel Numbers are and RECOMMENDATION: The Development Services Department recommends that UN be continued indefinitely to allow the applicant time to redesign the subject site, in accordance with all applicable City Codes and Ordinances. If the applicant is unable or unwilling to continue this item, the Development Services Department recommends that UN be denied because the site s design is not consistent with regulations and conditions specified in the Zoning Ordinance for such use. Prior to the Planning Commission meeting, the applicant requested the item be continued to 5/9/01. Commissioner Laura Perkins MOVED and Commissioner Anita Wood SECONDED to CONTINUE UN per applicant s request to the 5/9/01 Planning Commission meeting. The motion carried by UNANIMOUS vote. The item was CONTINUED to 4/25/01. PLANNING COMMISSION MINUTES 04/11/01 17

18 9) UN (3911) LOSEE MINI MART (Public Hearing) An application submitted by Thomas J. Della Valle on behalf of Losee, LLC, property owner, for a use permit in a C-1 Neighborhood Commercial District to allow a convenience food restaurant with drivethrough in conjunction with a convenience food restaurant with drive-through. The property is located at 300 W. Lake Mead Boulevard. The Assessor s Parcel Numbers are and RECOMMENDATION: The Development Services Department recommends that UN be continued indefinitely to allow the applicant time to redesign the subject site, in accordance with all applicable City Codes and Ordinances. If the applicant is unable or unwilling to continue this item, the Development Services Department recommends that UN be denied because the site s design is not consistent with regulations and conditions specified in the Zoning Ordinance for such use. Prior to the Planning Commission meeting, the applicant requested the item be continued to 5/9/01. Commissioner Laura Perkins MOVED and Commissioner Anita Wood SECONDED to CONTINUE UN per applicant s request to the 5/9/01 Planning Commission meeting. The motion carried by UNANIMOUS vote. The item was CONTINUED to 4/25/01. There was a break in the proceedings at 8:33 P.M. The meeting reconvened at 8:47 P.M. PLANNING COMMISSION MINUTES 04/11/01 18

19 10) ZN (3541) MENDENHALL FAMILY TRUST (Public Hearing) An application submitted by the Mendenhall Family Trust/Millennium Gaming on behalf of the Mendenhall Family Trust, property owner, for an extension of time for a reclassification of property from an M-2 General Industrial District to a C-3 General Service Commercial District. The property is generally located at the southwest corner of Craig Road and Losee Road. The Assessor s Parcel Numbers are and RECOMMENDATION: The Development Services Department recommends that ZN be approved subject to the following conditions: 1. That Standard Conditions 1, 2, 3, 5, 7, 9, 10, 11, 12, 14, 15, 22, 26, 27, 28, 29 and 32 apply; and 2. That this development be subject to all previously recommended conditions for ZN-20-96, in addition to the conditions mentioned herein. Where there is a conflict, the more restrictive shall apply; and 3. That Craig Road be improved to its ultimate width of 120 feet, 60 feet either side of center line of the road; and 4. That the main driveway onto Craig Road align with the median opening. All other driveways on Craig Road are restricted to right-in / right-out movements only; and 5. That a final development plan, which incorporates the conditions mentioned herein, be reviewed and approved by the Planning Commission prior to the issuance of any construction, grading or building permits; and 6. That complete building elevations, colors and materials be subject to review and approval by the Planning Commission as part of the final development plan, and shall incorporate the following: a. Architectural relief shall be provided on all building faces and shall be similar to the primary entrance elevations; and b. All roof-top equipment shall be screened by a parapet wall integral to the design and construction of the building; and c. No exhaust vents shall be permitted to extend from the sides of the building; and d. No exterior roof ladders shall be permitted. Access to the roof shall be from within the building; and e. No push-through air conditioners shall be permitted; and 7. That fire apparatus access lane widths and turning radii be in accordance with Ordinance 1283; and 8. That this development be subject to all codes and ordinances in effect at the time of building permit issuance; and 9. That 20-foot-wide (minimum) landscape areas be provided adjacent to Craig Road, Losee Road PLANNING COMMISSION MINUTES 04/11/01 19

20 and Aerojet Way. The landscape areas shall incorporate a three-foot-high barrier in the form of a berm, wall, hedge or any combination thereof; and 10. That a photometric lighting plan be submitted to the Planning Division for review and approval prior to the issuance of a building permit. The plan shall be prepared by a licensed electrical engineer and shall show the light intensity in foot-candles on a 10-foot grid and the location of proposed structures, parking areas, drive aisles, and pedestrian walkways. The minimum light intensity for all vehicle and pedestrian traffic areas shall be 1.0 foot-candles maintained, with a maximum ratio of 10:1. Parking lot lighting shall be installed prior to the issuance of a certificate of occupancy. Light standards shall not exceed twenty (20) feet in overall height; and 11. That all service and loading zones be located to the rear, side or to an internal location where visibility from public streets and views from neighboring buildings and properties will be minimized. Such areas shall be screened by the use of walls and/or dense landscaping, which will serve as both a visual and a noise barrier; and 12. That a six-foot-wide (minimum) landscape island be provided at the end of all automobile parking rows not in a parking structure. An additional planter shall be required for every 15 spaces in an automobile parking row. In addition to other required landscaping materials, a minimum of one tree per car length of planter shall be provided within the landscape islands. The required trees shall be a 1-½ inch caliper, measured 4 feet, 6 inches above the top of the root ball; and 13. That refuse collection areas and dumpsters of sufficient size and number for the needs of the proposed development be provided. They shall be located away from the street fronts and screened from view from rights-of-way, sidewalks and abutting properties through the use of landscaping and screening to better integrate the structure into the site; and 14. That refuse collection areas and dumpsters be enclosed by masonry walls finished in the same manner as the main structure and shall follow the same design theme and use similar materials to those used in the main structure. All such enclosures shall have solid metal gates and roofs, or other type of approved screening device which covers the top of the enclosure; and 15. That the parking structure be designed to match the hotel / casino in colors and appearance; and 16. That an eight-foot-high decorative solid masonry wall be provided along the southern and western property lines, where this site abuts adjacent properties. The wall shall be stepped down within a minimum of 20 feet from Craig Road and Aerojet Way, or as determined by the City Traffic Engineer; and 17. That street trees (trees planted adjacent to the street frontages) shall be planted in accordance with any corridor or specific area plan as adopted by the City. In the absence of any such adopted plan, the following requirements shall apply: street trees, of a type approved in Section shall be planted along all public streets. Larger tree varieties which reach a mature height of greater than 15 feet shall be planted at intervals of 30 feet. Smaller tree varieties which reach a mature height of up to 15 feet shall be planted at intervals of ten feet. Large variety street trees shall be sized at 36" box (minimum 2-1/2" caliper measured 4 feet, 6 inches above the top of the root ball) at the time of installation. Small variety street trees shall be sized at 24" box (minimum 1-1/2" caliper measured 4 feet, 6 inches above the top of the root ball) at the time of installation. In cases where it is proven that a species as specifically recommended or required by the City is not available in 36" box size, the minimum installation size will be 24" box (minimum 1-1/2" caliper measured 4 feet, 6 inches above the top of the root ball.) Palm trees shall be a minimum of 15 feet in height, as measured from ground to base of fronds, at time of installation; and PLANNING COMMISSION MINUTES 04/11/01 20

21 18. That a continuous internal pedestrian walkway be provided from all perimeter public sidewalks to the principal customer entrance. The walkways shall be distinguished from driving surfaces through the use of special pavers, bricks or patterned concrete to enhance pedestrian safety and the attractiveness of the walkways; and 19. That sidewalks be provided along any facade featuring a customer entrance which exits into a parking area or travel lane. Sidewalks which abut 90-degree parking spaces shall be a minimum of eight feet in width in instances where vehicle wheel stops are not used between the parking space and the sidewalk curb, and five feet in width when vehicle wheel stops are installed. Such sidewalks shall be located a least six feet from the facade of the building to provide planting beds for foundation landscaping. Landscaping plans shall take into consideration site-specific geotechnical recommendations which may require additional protection to prevent infiltration of water into unsuitable soils; and 20. That six-foot-wide (minimum) landscaped islands be installed between the parking rows of every other double row of parking. To produce a shade canopy within the parking areas, shade trees shall be planted at intervals of 25 feet within the landscaped islands between rows. Trees shall be a minimum 24-inch box size (minimum 1-1/2 inch caliper measured at 4 feet, six inches above the top of the root ball) at time of planting; and 21. That all landscaped islands be landscaped with approved plant materials to provide a minimum ground coverage of 60% (not including trees.) The 60% coverage shall be reached within two years of the time a Certificate of Occupancy is issued by the City. All other landscaping shall meet the requirements of Section ; and 22. That the design of the structures take into consideration future wireless communications facilities; and 23. That site plan approval is not implied; and 24. That ZN shall expire on December 31, The application was presented by Bob Hoyes, Associate Planner, on behalf of staff who indicated staff is recommending approval subject to conditions. Bob Gronauer, 3800 Howard Hughes Parkway, Las Vegas, Nevada appeared on behalf of the applicant who stated this propperty was in litigation with the City approximately two (2) years ago and as a part of the settlement agreement there were some conditions needed to be met to go forward with the extension of time. The first stipulated condition required the applicant to have a gaming operator on the property. He stated he has a letter to submit for the record between Millenium Gaming and The Mendenhall Family Trust regarding their commitment of developing this property. He stated the second condition that is being fulfilled tonight is that he needed to show that he is proceeding forward to obtain the building permits. The plans that have been submitted to staff he believes are under review for the final development plan and he also believes that plan is scheduled for the first week in May and believes they meet the conditions. He concurs with staff s recommendations. Chairman Nelson Stone opened the Public Hearing. No participants came forward. The Public Hearing was closed. Vice-Chairman Tom Langford stated this item has been before the Planning Commission a few times before and he has always supported this item and is glad to see the applicant back before the Commission on this item. PLANNING COMMISSION MINUTES 04/11/01 21

22 Mr. Hoyes stated staff has received three (3) letters of support and one (1) letter of opposition. Commissioner Anita Wood asked Mr. Hoyes what was the reason given in the letter of opposition. Mr. Hoyes stated the primary concern was traffic. Commissioner Harry Shull MOVED and Commissioner Dean Leavitt SECONDED to APPROVE ZN per staff s recommendations with the understanding the Planning Commission only recommends approval if the applicant has satisfied the terms and conditions of the stipulation in order to dismiss with prejudice Case # A397647, signed and dated by District Court on August 12, The motion carried by UNANIMOUS vote. PLANNING COMMISSION MINUTES 04/11/01 22

23 11) UN (3540) MENDENHALL FAMILY TRUST (Public Hearing) An application submitted by the Mendenhall Family Trust/Millennium Gaming on behalf of the Mendenhall Family Trust, property owner, for an extension of time of a Special Use Permit in an M-2 General Industrial District (ROI to C-3 General Service Commercial District) to allow a casino and hotel. The property is generally located on the southwest corner Craig Road and Losee Road. The Assessor s Parcel Numbers are and RECOMMENDATION: The Development Services Department recommends that ZN be approved subject to the following conditions: 1. That Standard Conditions 1, 2, 3, 5, 7, 9, 10, 11, 12, 14, 15, 22, 26, 27, 28, 29 and 32 apply; and 2. That this development be subject to all previously recommended conditions for ZN-20-96, in addition to the conditions mentioned herein. Where there is a conflict, the more restrictive shall apply; and 3. That Craig Road be improved to its ultimate width of 120 feet, 60 feet either side of center line of the road; and 4. That the main driveway onto Craig Road align with the median opening. All other driveways on Craig Road are restricted to right-in / right-out movements only; and 5. That a final development plan, which incorporates the conditions mentioned herein, be reviewed and approved by the Planning Commission prior to the issuance of any construction, grading or building permits; and 6. That complete building elevations, colors and materials be subject to review and approval by the Planning Commission as part of the final development plan, and shall incorporate the following: a. Architectural relief shall be provided on all building faces and shall be similar to the primary entrance elevations; and b. All roof-top equipment shall be screened by a parapet wall integral to the design and construction of the building; and c. No exhaust vents shall be permitted to extend from the sides of the building; and d. No exterior roof ladders shall be permitted. Access to the roof shall be from within the building; and e. No push-through air conditioners shall be permitted; and 7. That fire apparatus access lane widths and turning radii be in accordance with Ordinance 1283; and 8. That this development be subject to all codes and ordinances in effect at the time of building permit issuance; and 9. That 20-foot-wide (minimum) landscape areas be provided adjacent to Craig Road, Losee Road and Aerojet Way. The landscape areas shall incorporate a three-foot-high barrier in the form of a PLANNING COMMISSION MINUTES 04/11/01 23